February 2021 - Gnso-epdp-team

Update on vice chair and GNSO Council liaison
by Caitlin Tubergen Feb. 26, 2021

Feb. 26, 2021

Dear EPDP Team, This message is to inform you of the GNSO Council’s non-objection to the appointment of a non-EPDP Team member (Brian Beckham) as vice-chair to the EPDP Phase 2A Team. Additionally, the GNSO Council has appointed Philippe Fouquart as the GNSO Council Liaison to the EPDP Phase 2A Team. Welcome to the Team, Brian and Philippe! Best regards, Berry, Marika, and Caitlin

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For your review: EPDP homework - due Wed 24 February
by Caitlin Tubergen Feb. 26, 2021

Feb. 26, 2021

Dear EPDP Team, Thank you for using the Jamboard<https://jamboard.google.com/d/1H3CDUTITCfgcS85WMjlvyLV07cb7_V7ksFz8lVjExPg/…> to input your ideas in response to Laureen’s proposal (Proposal 1a). EPDP Leadership, together with Support Staff, reviewed the input received and has suggested some follow-up questions for groups to consider in advance of the next plenary meeting. The new Google Doc includes: (1) a flow chart of Proposal #1a on p.1; (2) the text of Proposal 1a on p.2; and (3) Leadership’s follow-up questions to the groups beginning on p.3. Please review the questions directed at your group and provide additional comments by Wednesday, 24 February at 14:00 UTC: https://docs.google.com/document/d/1Je23419t1xv7OFgD32-DmBrYknUqtbOt4wktPEj…. Please let us know if you have any questions. Best regards, Berry, Marika, and Caitlin

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Re: [Gnso-epdp-team] Update on vice chair and GNSO Council liaison
by Drazek, Keith Feb. 26, 2021

Feb. 26, 2021

Re-sending as I see my reply didn’t go to the full list. Best, Keith From: Drazek, Keith Sent: Friday, February 26, 2021 11:51 AM To: 'vgreimann(a)key-systems.net' <vgreimann(a)key-systems.net>; 'caitlin.tubergen(a)icann.org' <caitlin.tubergen(a)icann.org> Subject: RE: [EXTERNAL] Re: [Gnso-epdp-team] Update on vice chair and GNSO Council liaison Thanks Caitlin and Volker. The extended timeline was partly due to the need for Council to indicate support, and the timing of the scheduled Council meetings. Having a Vice Chair is important in case I get hit by a bus, or the lottery. 😉 Fortunately Brian has been observing our meetings for the last couple of months so he’s up to speed on our work. Welcome Brian! Cheers all, Keith From: Gnso-epdp-team <gnso-epdp-team-bounces(a)icann.org<mailto:gnso-epdp-team-bounces@icann.org>> On Behalf Of Volker Greimann via Gnso-epdp-team Sent: Friday, February 26, 2021 11:46 AM To: Caitlin Tubergen <caitlin.tubergen(a)icann.org<mailto:caitlin.tubergen@icann.org>> Cc: gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org> Subject: [EXTERNAL] Re: [Gnso-epdp-team] Update on vice chair and GNSO Council liaison Caution: This email originated from outside the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe. That sure took time. Given our timeline, do we actually still need a Vice-Chair? Congrats. -- Volker A. Greimann General Counsel and Policy Manager KEY-SYSTEMS GMBH T: +49 6894 9396901 M: +49 6894 9396851 F: +49 6894 9396851 W: www.key-systems.net<http://secure-web.cisco.com/1iSsvnBKq3RqDUX1KpgajBDpZ5S9pvd65d0jqHlGkS1UloB…> Key-Systems GmbH is a company registered at the local court of Saarbruecken, Germany with the registration no. HR B 18835 CEO: Oliver Fries and Robert Birkner Part of the CentralNic Group PLC (LON: CNIC) a company registered in England and Wales with company number 8576358. This email and any files transmitted are confidential and intended only for the person(s) directly addressed. If you are not the intended recipient, any use, copying, transmission, distribution, or other forms of dissemination is strictly prohibited. If you have received this email in error, please notify the sender immediately and permanently delete this email with any files that may be attached. <https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai…> Virus-free. www.avast.com<https://www.avast.com/sig-email?utm_medium=email&utm_source=link&utm_campai…> On Fri, Feb 26, 2021 at 12:33 AM Caitlin Tubergen via Gnso-epdp-team <gnso-epdp-team(a)icann.org<mailto:gnso-epdp-team@icann.org>> wrote: Dear EPDP Team, This message is to inform you of the GNSO Council’s non-objection to the appointment of a non-EPDP Team member (Brian Beckham) as vice-chair to the EPDP Phase 2A Team. Additionally, the GNSO Council has appointed Philippe Fouquart as the GNSO Council Liaison to the EPDP Phase 2A Team. Welcome to the Team, Brian and Philippe! Best regards, Berry, Marika, and Caitlin _______________________________________________ Gnso-epdp-team mailing list Gnso-epdp-team(a)icann.org<mailto:Gnso-epdp-team@icann.org> https://mm.icann.org/mailman/listinfo/gnso-epdp-team<https://secure-web.cisco.com/1vWvtptqC19iaDQHez8WzT3sjoA6h0S_7z3HQ4ItPUAOr5…> _______________________________________________ By submitting your personal data, you consent to the processing of your personal data for purposes of subscribing to this mailing list accordance with the ICANN Privacy Policy (https://www.icann.org/privacy/policy<https://secure-web.cisco.com/13kEmqPBnmYE26KnOxgGxEbi9gVal7teRCaC6DI41Ktm91…>) and the website Terms of Service (https://www.icann.org/privacy/tos<https://secure-web.cisco.com/1O2S5DCUjvkEp_FbNDzetsMavmobGLKLePh8nwjofFAi8V…>). You can visit the Mailman link above to change your membership status or configuration, including unsubscribing, setting digest-style delivery or disabling delivery altogether (e.g., for a vacation), and so on.

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ICANN org response to 28 January question concerning "liability risk"
by Amy Bivins Feb. 25, 2021

Feb. 25, 2021

Dear All, Below is a response from ICANN org to a question raised by the EPDP 2A Team on 28 January: How does ICANN org see its liability risk to enforce mandatory differentiation of legal v. natural persons? For example, the risk for a registry is for 1 zone, for ICANN, the risk is likely for thousands of contracted parties. We understand this question about potential liability for differentiation of registration data of legal vs natural persons is being asked from the perspective that a contractual requirement (including a requirement in a consensus policy or a temporary policy that contracted parties must comply with under their agreements with ICANN) for differentiation between data of legal and natural persons would make ICANN a controller with respect to any processing of personal data that might occur as a result of that differentiation. (As a side note, this question asks about “ICANN org” liability in relation to controllership. To clarify, however, such liability would exist for ICANN, the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation, and not only for ICANN org, as a part of ICANN.) The concepts of controller and processor cannot always be clearly differentiated from each other and, in particular, the concept of joint controllership is still developing and in the process of being shaped by court decisions and data protection authority guidance (see Draft Guidelines 07/2020 on the concepts of controller and processor in the GDPR<https://urldefense.com/v3/__https:/edpb.europa.eu/our-work-tools/public-con…>). At the moment, it’s not clear whether a Consensus Policy requirement, alone and absent ICANN’s actual involvement in processing contemplated under any such Policy, would make ICANN a controller for this processing. ICANN org has been advocating for clarity in this regard. For example, ICANN org’s 19 October 2020 Public Comment to the Guidelines 07/2020<https://edpb.europa.eu/our-work-tools/public-consultations-art-704/2020/gui…>, Feedback Reference 07/2020-0047 stated: “… ICANN org would recommend a further clarification of whether a contract between the parties, alone, would lead to a joint controllership assumption if one party lacks any factual influence on the processing. The Board states that “[i]n line with the factual approach, the word “determines” means that the entity that actually exerts influence on the purposes and means of the processing is the controller.” Building on that, it should be emphasized that a contractual set of rules or a joint code of conduct, without further possibilities of exerting control over the actual processing activities, is not sufficient to assume joint controllership and that independent controllership would need further examination on the basis of the other criteria described for control stemming from factual influence in the Guidelines.” In the same Public Comment document, ICANN org also rejected the notion that requirements stated in policies may lead per se to an assumption of controllership: “…, adherence to international community-based policies by decentralized organizations (e.g., umbrella associations, standardization organizations, global think tanks) should not per se lead to a general controllership assumption of both the members and the organization itself. This is particularly important if the latter merely coordinates the policy-making process, as is the case with many governance models in the digital space.” Some have asked about how the NIS2 might apply in this scenario, and members of the Phase 2A team have raised questions about whether and how the team could or should account for NIS2 in their current work. Among other things, article 23 (4) of the NIS 2 Directive requires that “Member States shall ensure that the TLD registries and the entities providing domain name registration services for the TLD publish, without undue delay after the registration of a domain name, domain registration data which are not personal data.” In ICANN org’s view, under the wording of Article 23 (4) as proposed in the NIS 2 Directive, the issue of presumably non-personal data such as the domain name or the legal person’s name containing data that are to be considered personal data under EU data protection rules remains. Therefore, also the question by which means a differentiation between personal and non-personal data shall be accomplished and how liability under EU data protection law is allocated if personal data are mistakenly published in this process. ICANN org intends to highlight that in the contribution it plans to submit to the public consultation on NIS2 and welcomes additional clarification. In any event, if the EPDP Team develops consensus policy recommendations concerning differentiation, and the Board determines it is in the best interests of the ICANN community and directs ICANN org to implement such recommendations, ICANN org would do so. Regards, Amy and Brian G.

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FW: ICANN Stakeholder Assembly: A Briefing by the European Commission on the Recent EU Initiatives on Digital Services and Cybersecurity
by Brian Gutterman Feb. 24, 2021

Feb. 24, 2021

Dear all, In case you haven’t already received this, I am forwarding the invite for the “ICANN Stakeholder Assembly: A Briefing by the European Commission on the Recent EU Initiatives on Digital Services and Cybersecurity” that is taking place this Friday 26 February at 15:30 UTC. During the webinar the European Commission will provide an overview of the recently announced initiatives, including: * The Digital Services Act (DSA) * The EU Cybersecurity Policy Initiatives: * The Cybersecurity Strategy * The revised Network and Information Security Directive (NIS2) The briefing will focus on the areas of relevance to the DNS and the broader ICANN community, and answer questions on these important initiatives and their possible impacts. Here<https://icann.zoom.us/webinar/register/WN_3DjDGwH7Q0KsKLtBYElkBA> is the direct link to registration. Please note you can submit questions in advance, if you so wish, to nora.mari(a)icann.org<mailto:nora.mari@icann.org>. For background information, you can view the recording of the “ICANN Stakeholder Assembly: ICANN Perspectives on EU Digital Initiatives” that took place on 27 January here<https://icann.zoom.us/rec/play/8uVLgrqdjVQiEWIiiDFcSP9xt0VEH1SxEUOqhkRCa-Cv…>. Kind Regards, Brian

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Legal Committee - approved definitions + approved question for Bird & Bird
by Caitlin Tubergen Feb. 24, 2021

Feb. 24, 2021

Dear EPDP Team, Please find below the updated definitions from the Legal Committee and an approved question for Bird & Bird. Please note the question is sent only as an FYI to the EPDP Team. The Legal Committee is still reviewing other questions that may be sent to Bird & Bird, and the EPDP Team will be informed if additional questions are approved. Updated Definitions The Legal Team proposes replacement of the phrase "Pseudonymous email contact with the phrase "Registrant-based email contact", defined as: “an email for all domains registered by a unique registrant [sponsored by a given Registrar] OR [across Registrars], which is intended to be pseudonymous data when processed by non-contracted parties. The Legal Team proposes replacement of the phrase "Anonymous email contact" with the phrase "Registration-based email contact", defined as “A separate single use email for each domain name registered by a unique registrant, which is intended to be anonymous data when processed by non-contracted parties.” The Legal Team notes that the question of persistence over time (i.e., are the emails changed on a periodic basis) is a policy question for the plenary. Approved Question for Bird & Bird Under the consensus policy adopted, Registrars will give Registrants the opportunity to consent to publication of personal data included in their Registration Data. Please compare the legal risks for contracted parties associated with: 1) publishing personal data based on the Registrant’s consent, on the one hand, And 2) publishing data based on a Registrant’s (i) self identification of the data as either containing legal person data only or also containing natural person data (organization or individual) prior to publication and (ii) undertaking the verification procedures outlined in Bird & Bird’s January 25, 2019 memo (i.e., notify/explain; confirm; verify; opportunity to correct) on the other hand. Thank you. Best regards, Berry, Marika, and Caitlin

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SSAC response re EPDP homework - due Wed 24 February
by Steve Crocker Feb. 24, 2021

Feb. 24, 2021

Folks, In our view, the proposal has two substantial flaws. First, it is overly specific as to the process *all* contracted registrars must use to determine whether the registrant is a legal vs a natural person. Second, it includes procedures for verifying the accuracy of the data for legal persons. The procedure is unnecessary for determining whether the registrant is a legal person. If the eventual policy requires a high degree of accuracy of a legal person's name and address, that's a separate matter and should be dealt with in that part of the policy. The attached memo suggests a simpler and more comprehensive approach. Thanks, Steve

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EPDP 2A -- Call to action....
by Drazek, Keith Feb. 23, 2021

Feb. 23, 2021

Hello EPDP 2A team, We are now one month away from the date I will have to provide an EPDP Phase 2A progress report to the GNSO Council. The ICANN 70 GNSO Council meeting is scheduled for 24 March, and our charter requires that I report to the Council whether I believe we are on a path to consensus, or not. Our ability to continue work on an initial report and final report are dependent on progress made over the next month. In order to make sufficient progress, everyone MUST do their homework and work together in between calls. The future of this group is currently up to us, but one month from now, our fate will be in the hands of the GNSO Council. As such, it is critically important that all groups prioritize our work, both in the legal committee and among the full team, so we can make the best case possible. It is incumbent upon those making proposals to help drive the side-work needed to make progress. Proposals should ideally build on recommendations from Phases 1 and 2 and be both implementable and commercially reasonable. Please reach out to one another, establish ad-hoc small groups, and try to advance this effort around concrete proposals. I know there's work going on within your respective groups; I'm asking you to reach out and engage one another in between plenaries to find compromise paths forward, if at all possible. I appreciate the work that's being done, but we have to dial it up. Best, Keith

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Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 04 March 2021 at 14:00 UTC
by Andrea Glandon Feb. 23, 2021

Feb. 23, 2021

Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2A is scheduled on Thursday, 04 March 2021 at 14:00 UTC for 90 minutes. Main Zoom Webinar link: https://icann.zoom.us/j/92181477886?pwd=TlJHTU5EY1d3bUxLV2s3UStPS2MxZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/92181477886?pwd=TlJHTU5E…> Passcode: Z@S07?t=v5 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the ICANN Expected Standards of Behavior [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/resources/pages/expected-s…> Visit the Wiki agenda page: https://community.icann.org/x/UQhtCQ Check your time zone: https://tinyurl.com/yztdeosb The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calen…> If you are joining via audio only: One tap mobile US: +13126266799,,92181477886#,,,,,,0#,,3121016458# or +13462487799,,92181477886#,,,,,,0#,,3121016458# Webinar ID: 921 8147 7886 Passcode: 3121016458 International numbers available: https://icann.zoom.us/u/acVxz9PmJI [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acVxz9PmJI__;!!PtGJab4!p…> Thank you. Kind regards, Andrea

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CANCELLED | Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 25 February 2021 at 14:00 UTC
by Andrea Glandon Feb. 23, 2021

Feb. 23, 2021

Per the EPDP-P2A Leadership team decision and consultation with the Legal Committee, the Thursday, 25 February 2021 Plenary call is cancelled and will be re-purposed to continue the Legal Committee’s work. The next Plenary call will be on Thursday, 04 March at 14:00 UTC (invite will be sent shortly). Please remember to remove 25 February from your calendars. From: Gnso-secs <gnso-secs-bounces(a)icann.org> on behalf of Terri Agnew <terri.agnew(a)icann.org> Date: Tuesday, February 16, 2021 at 09:58 To: "gnso-epdp-team(a)icann.org" <gnso-epdp-team(a)icann.org> Cc: "gnso-secs(a)icann.org" <gnso-secs(a)icann.org> Subject: [gnso-secs] Meeting Invitation | Observers | GNSO Temp Spec gTLD RD EPDP-P2A call | Thursday, 25 February 2021 at 14:00 UTC Dear all, The next meeting of the GNSO Temp Spec gTLD RD EPDP – Phase 2A is scheduled on Thursday, 25 February 2021 at 14:00 UTC for 90 minutes. Main Zoom Webinar link: https://icann.zoom.us/j/92181477886?pwd=TlJHTU5EY1d3bUxLV2s3UStPS2MxZz09 [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/j/92181477886?pwd=TlJHTU5E…> Passcode: Z@S07?t=v5 Going forward, observers will now join via zoom webinar. Observers will have ability to view member chat and information shared in the zoom webinar room. Observers will not be able to use chat or raise hands. Before joining the call: Please send dial out requests to gnso-secs(a)icann.org<mailto:gnso-secs@icann.org> only Please be sure you have read the ICANN Expected Standards of Behavior [icann.org]<https://urldefense.com/v3/__https:/www.icann.org/resources/pages/expected-s…> Visit the Wiki agenda page: https://community.icann.org/x/k4gmCQ Check your time zone: https://tinyurl.com/ybgrnlca [tinyurl.com]<https://urldefense.com/v3/__https:/tinyurl.com/ybgrnlca__;!!PtGJab4!qX92laH…> The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar/2021 [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/en/group-activities/calen…> If you are joining via audio only: One tap mobile US: +13126266799,,92181477886#,,,,,,0#,,3121016458# or +13462487799,,92181477886#,,,,,,0#,,3121016458# Webinar ID: 921 8147 7886 Passcode: 3121016458 International numbers available: https://icann.zoom.us/u/acVxz9PmJI [icann.zoom.us]<https://urldefense.com/v3/__https:/icann.zoom.us/u/acVxz9PmJI__;!!PtGJab4!p…> Thank you. Kind regards, Terri

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